Michael Zarky - Page 1

                                   123 T.C. No. 6                                     

                               UNITED STATES TAX COURT                                

                            MICHAEL ZARKY, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 8549-03.           Filed July 20, 2004.                     

                    P did not file a Federal income tax return for                    
               1999.  Within 3 years of the due date of that return,                  
               R mailed a notice of deficiency to P for 1999.                         
               Following R’s concession that P had no tax liability                   
               but had a $270 overpayment for 1999, the parties                       
               dispute whether P is entitled to that overpayment.  The                
               $270 had been withheld from interest payments which                    
               were made to P during 1999.                                            
                    Held:  Pursuant to the flush language of sec.                     
               6512(b), I.R.C., which was added to the Code by the                    
               Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.                      
               1282(a) and (b), 111 Stat. 1037, effective for taxable                 
               years ended after Aug. 5, 1997, and sec. 6513(b)(1),                   
               I.R.C., which treats P as having paid the $270 to R on                 
               Apr. 15, 2000, P is entitled to the $270 overpayment.                  

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